Ohio § 2747.04 Motion for expedited relief - timing of hearing and ruling; factors considered at hearing

Ohio Statutes

§ 2747.04 — Motion for expedited relief - timing of hearing and ruling; factors considered at hearing

Ohio § 2747.04

Title 27Courts-General Provisions-Special Remedies

Ch. 2747Uniform Public Expression Protection Act

This text of Ohio § 2747.04 (Motion for expedited relief - timing of hearing and ruling; factors considered at hearing) is published on Counsel Stack Legal Research, covering Ohio primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ohio Rev. Code Ann. § 2747.04 (2026).

Text

(A)(1) The court shall conduct a hearing not later than sixty days after the filing of a motion for expedited relief, unless the court orders a later hearing to allow for limited discovery under section2747.03of the Revised Code or delays the hearing for other good cause.

(2)If the court orders a later hearing to allow for limited discovery, the court shall conduct the hearing not later than sixty days after the court order allowing discovery unless the hearing is delayed for other good cause.

(B)In ruling on the motion for expedited relief, the court shall consider the pleadings, the motion, any response to the motion, and any evidence that could be considered in ruling on a motion for summary judgment under Rule 56 of the Rules of Civil Procedure.

(C)In ruling on the motion for exp

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(A)(1) The court shall conduct a hearing not later than sixty days after the filing of a motion for expedited relief, unless the court orders a later hearing to allow for limited discovery under section2747.03of the Revised Code or delays the hearing for other good cause.

(2) If the court orders a later hearing to allow for limited discovery, the court shall conduct the hearing not later than sixty days after the court order allowing discovery unless the hearing is delayed for other good cause.

(B) In ruling on the motion for expedited relief, the court shall consider the pleadings, the motion, any response to the motion, and any evidence that could be considered in ruling on a motion for summary judgment under Rule 56 of the Rules of Civil Procedure.

(C) In ruling on the motion for expedited relief, the court shall dismiss with prejudice a cause of action, or part of a cause of action, if all of the following apply:

(1) The moving party establishes that the cause of action is based on a communication or action described in division (B) of section2747.01of the Revised Code.

(2) The responding party fails to establish that this chapter does not apply to the cause of action due to an exception in division (C) of section2747.01of the Revised Code.

(3) Either the responding party fails to establish a prima-facie case for each essential element of the cause of action or the moving party establishes one of the following:

(a) The responding party failed to state a cause of action upon which relief can be granted.

(b) There is no genuine issue as to any material fact and the moving party is entitled to judgment as a matter of law on the cause of action or part of the cause of action.

(D) The court shall rule on the motion for expedited relief not later than sixty days after the hearing.

(E)(1) A voluntary dismissal without prejudice of a responding party's cause of action, or part of a cause of action, that is the subject of a motion for expedited relief does not affect a moving party's right to obtain a ruling on the motion for the purpose of obtaining attorney's fees, court costs, and other litigation expenses under section2747.05of the Revised Code.

(2) A voluntary dismissal with prejudice of a responding party's cause of action, or part of a cause of action, that is the subject of a motion for expedited relief establishes that the moving party prevailed on the motion for the purpose of awarding attorney's fees, court costs, and other litigation expenses under section2747.05of the Revised Code.

Last updated February 20, 2025 at 4:36 PM